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Hamilton needs to Listen to Judge in Brampton Case !

The Ontario Superior Court struck down the Brampton bylaw that was too restrictive. This could help the harrassment of Hamilton clubs if used in a challange. But it seems Hamilton is trying to enforce what isn't even in the Hamilton bylaws!

Why I Love Canada vs U.S. Morality Laws
Canadian law similar to most of the rest of the world except the U.S.

Jun. 16, 2004 The Toronto Star
Judge loosens rules for body rub parlours
Nudity, sex act bans struck down
Brampton bylaw oversteps bounds

A judge has struck down sections of a Brampton bylaw prohibiting nudity and sex acts in body rub parlours. Mr. Justice Emile Kruzick quashed a rule forcing female staff to cover their breasts and workers of both sexes to cover their pubic areas in the city's 16 parlours, because "it legislates morality and criminal law," which is beyond the city's powers. He overturned an amendment barring sexual contact between parlour workers and clients because, he said, that is also the job of Canada's Criminal Code, not local bylaws.

(Dave notes while outcall is perfectly legal, incall is subject to the 1850's bawdy house restriction that is seldom enforced unless other crimes or complaints and the status of body rubs is unclear - the Edmonton Police Dept website says if the door is closed is a private room (like a hotel) suggesting not subject to bawdy)

The Ontario Superior Court judge also annulled, in his ruling released yesterday, a regulation limiting the hours of operation from 10 a.m. to 10 p.m. because it is "unfairly discriminatory" as compared with the hours allowed "for other adult entertainment establishments."

The city amended its bylaw governing "non-therapeutic massage operations" to include the new rules in May, 2003.
Owners of the city's 16 body rub parlours, including Paradise Health Spa, Tokyo City Inc. and Holistic Therapy Clinic, challenged the amendments in court last October.

The city also sought, through its amendments, to limit the transfer of licences to a maximum of eight parlours. The judge threw this out on the basis that it is discriminatory in removing one of the rights of ownership, namely to sell a business that was legal and licensed under the previous rules. But he upheld the city's right to try to eventually get the number down to eight.

Janice Atwood-Petkovski, of Brampton's legal department, said yesterday the city will not appeal. City lawyers told the judge that activities in the parlours raised concerns about health and safety. Investigators found "a consistent pattern of activity involving sexual services," Kruzick noted.

Parlour owners argued that the city was legislating morality, which is Ottawa's job. The judge agreed. "I find the city is attempting to legislate and expand on the existing provision of the Criminal Code because it wishes to control sexual activities in body rub parlours which, under the existing provisions, are difficult to enforce." A Peel Region police detective gave evidence that he considered every body rub parlour to be a "common bawdy house," the judge said.
 

HaywoodJabloemy

Dissident
Apr 3, 2002
657
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Never the safest place
Bawdy house charges?

...A Peel Region police detective gave evidence that he considered every body rub parlour to be a "common bawdy house," the judge said.
Why would Peel police have made the effort to gather evidence that every MP was a bawdy house, and then not bother to charge any of them with that? That is the federal Criminal Code law which the judge said still applies.

The federal government knows the law isn't being enforced much, yet they refuse to talk about the possibility of changing it. Let's hope the bawdy house law gets declared to be unconstitutional and forces the issue, like that Pivot Legal Society report in BC suggested earlier this year.

*Just heard that Bill Carroll Show on CFRB 1010 AM may be talking about this story sometime during today's show (9:08 AM to 11:45 AM). cfrb.com
 
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Trelew

Banned
Aug 18, 2001
671
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Hamilton
It's interesting to note a couple things here.

1 - Whenever there is a Supreme Court ruling or law created in Ottawa that doesn't sit well with people in a city, especially those that are morally uptight and well-to-do. They bitch and complain to their city hall councellors, and by the end of the week a new city by-law has been created to counteract that decision/law. I've seen Hamilton do it saying that it's protecting the moral standards of the community as well as protecting them from organized crime that they say runs all adult industry in Hamilton. In Burlington, city hall manage to force a SC that has been in the same location for over 40 years to move, because the senabilities of the local community. Nevermind that there is a developer who has already called dibs on the land & property when Solid Gold moves.

2 - In Hamilton, city hall charges an insanely large amount of money for the licensening of adult entertainment establishments. Not just for the owners but for the employees as well. And lets not forget Hamilton Police's constant harassment of the industry which usually nets them oodles of cash from all the fines that they place on them.

In my opinion the only way to make a problem worse is to give it to a politician to fix!
 

Pallydin

missing 400 or so
Jan 27, 2002
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Trelew said:
They bitch and complain to their city hall councellors, and by the end of the week a new city by-law has been created to counteract that decision/law. I've seen Hamilton do it saying that it's protecting the moral standards of the community as well as protecting them from organized crime that they say runs all adult industry in Hamilton.
This decision is very much different in that it clearly states as reported:

"Mr. Justice Emile Kruzick quashed a rule forcing female staff to cover their breasts and workers of both sexes to cover their pubic areas in the city's 16 parlours, because "it legislates morality and criminal law," which is beyond the city's powers."

Once the Superior Court states clearly that morality is beyond the ability of cities to legislate on, that immediately hamstrings them from future attempts (on all morality issues, btw) and to try further after this ruling is a cut-and-dry case of contempt. So unless the cities want to appeal to the Supreme Court of Canada and shell out the big cash to do it, they need to toe the line now.

In Burlington, city hall manage to force a SC that has been in the same location for over 40 years to move, because the senabilities of the local community. Nevermind that there is a developer who has already called dibs on the land & property when Solid Gold moves.
City hall in Burlington has done no such thing: they got a promise out of the owner to *talk* about potential relocation options. At no time are they obligated to move (although if the deal is right it migh be worth their time.....who knows?). The sky is not falling....

In Hamilton, city hall charges an insanely large amount of money for the licensening of adult entertainment establishments.
Actually, they are just charging a proportional amount to the potential profits that can be realized from such ventures. The adult industry has the ability to make more quick cash without much overhead costs than any other industry I can think of, so that factors into what they'll charge for licensing. Personally, I'm kinda glad that not anyone can get into it due to the prohibitive cost. It keeps the business run by those who are serious about things (which is how all businesses should run).

PAL
 

ham2004

Senior Retired User
Jan 16, 2004
976
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retired from the game
This ruling is just following on the heels of a recent BC court findings the likes of what PET said.. "Government has no business in the bedroom of its nation. "

The learned Justices are exercising their right to decree from on high the rights of individuals to participate freely in their pursuits, as long as it remains between consenting adults, is not intended to harm or cripple the rights of others, in a private, sic, not public to the view, enviorment.

NOTE: PET = Peirre Trudeau
 

Ontarion

New member
Jan 9, 2005
2
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Hamilton
So what is legal?

I'm new here. After reading through some of the posts I'm still not sure what is legal or not as far as MPA's are concerned. Is it actually safer to travel to Brampton now than visit spa's in Hamilton, Brantford, Grimsby or Burlington???

If anyone caught the article in todays Toronto Sun. To the media you are guilty, period. It sells papers. A simple occurance report in a file that you were never even charged for can create all kinds of headaches in our post 911 Orwellian society.

FYI

Sun, February 20, 2005
Search for justice

Wayne Batson's life is a mess because he was presumed guilty until proven innocent. Mark Bonokoski reports

By MARK BONOKOSKI


WAYNE BATSON was in York-Finch Hospital, recovering from a heart attack and hooked up to a monitor and an intravenous drip when the cops came to bust him -- handcuffing him to his bed and posting two guards at the door. And it would only get worse.

A few days later, the police would go to the media for assistance and the media would oblige -- in print, on television, and on the radio -- by recounting how police were urging any "other" women and children who had had contact with the 48-year-old man accused of sexually assaulting a 3-year-old boy to call either Crime Stoppers or 31 Division's sex-crime unit.

And then the police not only gave the public a physical description of the man they had in custody -- black, 5-foot-8, 195 pounds, with short black hair, brown eyes and a moustache -- but they also gave out Wayne Batson's name, with the not-so-subtle inference that police also believed him to be a serial pedophile.

Wayne Batson was as good as guilty.

---

There was no similar press release from the police almost a year later, however, when Wayne Batson was acquitted of all charges against him and how, despite the pubic plea for assistance, no "other" women and children had come forward to lend credence to the police's original suspicions.

And because no media attended his three-day trial to record his innocence, Wayne Batson still walks the streets today without his name having been wiped clean in the mind's eye of the public.

"A lie travels 10 times faster than the truth," he says. "And lies tend to be remembered longer, too.

"All I want is my name cleared. Is that too much to ask?"

The rest is at http://www.canoe.ca/NewsStand/TorontoSun/News/2005/02/20/936742-sun.html

Ont.
 
Basically you don't have any significant risk at a MPA.

The main issue is city licensing bylaws that try and restrict such things as nudity in Brampton but have been thrown out by the courts when challanged. I prefer cities where bylaws are lenient, Mississauga for example where nude-reverse can be clearly posted on the menu in the lobby since no issue with it.

Bylaws are not "crimes" they are licensing requirements. No customer can get in trouble for a bylaw violation, only the owner. No one goes to jail or anything, just can be closed or fined which is important to the owner.

The other issue is bawdy house violation related to MP's. Situation is very unclear. The Edmonton Police website suggests no problem if door is closed. Technically a hand job probably is "sex" that violates bawdy. But as far as I've been able to tell, only one known case where charges laid for supposedly nothing more than a handjob and that was supposedly in Hamilton. Whether the case was actually prosecuted is another question.

Bottom line don't try and get anything more than a hj. Go to a outcall legal provider for sex since its 100% legal if outcall.
 

brandy1

Member
Nov 13, 2004
183
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16
Dreaming about Big Naturals
Other risks

Even if you only seek no more than a HJ at an MP, if you know or have heard that extra services are provided at that establishment by one of more of the MPA's, then there may still be risk of being changed with being a "found in" even though your were "clean" in your room.
Once you are in this hobby for awhile; you start to find out which MP's and MPA's are by the book and which are into extra services.
But you won't likely get that info in TERB, even though PM's

As Dave says, safest bet is Mississauga as:
a. avoids bylaw issues/hassles - you may run into this in Hamilton and York
Regions to name two
b. MP's can post range of services up front. Exception is BS . You'll often see
this as VIP or other such term, but in some MP's it is posted. Anywhere
other than Mississauga or Brampton, all you see is the up front room rate
Then you are on your own with the MPA
c. Beleive most MP's are not into extras, particularly the well known ones
 
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